Civil Engineering Reference
In-Depth Information
14.11 Area
Area is the quantity of land contained within the boundaries of a parcel descrip-
tion. It is usually measured in square feet or acres. One acre contains 43,560
square feet. Where there is no metes and bounds description or where the metes
and bounds description is ambiguous to the extent that area is the only poten-
tially reliable dimension that expresses the grantor's intent, quantity prevails. For
example, suppose a field of 5 acres was completely bounded by stone walls. The
5 acres was all the land that the grantor owned. The grantor conveyed the “south-
erly 3 acres” but provided no metes and bounds description. A surveyor wishing
to establish the boundaries would measure along the stone walls until a line could
be established running across the field that gave the south lot 3 acres and the north
lot the remaining land. As the reader might imagine, in such a case the surveyor
must exercise considerable discretion in locating the boundary and it is possible
that another surveyor, perhaps working for the affected abutter, would locate the
line differently.
As we have already discussed, before computers, area was sometimes difficult
to calculate accurately. Because of this unreliability it carries a diminished weight
in resolving conflicting deed elements. Where metes and bounds descriptions are
ambiguous, and lacking a better method, area can sometimes be used as verifica-
tion that the surveyor has correctly interpreted the deed.
14.12 Coordinates
Coordinates were traditionally considered the least reliable element because they
resulted from calculations and not from direct observation. However, if a surveyor
has calculated the coordinates of a monument and the monument later becomes
lost or disturbed, the coordinates are evidence of the former location of the monu-
ment. If there is a conflict between the location of an undisturbed monument and
its coordinates, the monument will prevail. The widespread use of GPS may be
changing the importance of coordinates as a controlling element.
Many states have enacted statutes relating to state plane coordinates. These
statutes provide that state plane coordinates are an acceptable means of locat-
ing a boundary corner and that the coordinates constitute a legal and satisfactory
description of the corner. These statutes would seem to be supportive of an argu-
ment for the reliability of coordinates. Consider the following language from
The
State Coordinate Systems (A Manual for Surveyors)
, Coast and Geodetic Survey:
99.
The description of a parcel of land for record purposes should have two
aims: (a) It should positively identify the land for title purposes. (b) It
should provide all necessary information for locating the land on the
ground. These two aims are not identical: a description which satisfies the
